Ex Parte Bird’s Empirical Analysis
1991
Citation profile
191 state decisions
How this case has been cited
Cited by 193 later decisions (1 by the Supreme Court) — most recently June 2025 · most notably Purkett v. Elem (1995), 650 So. 2d 1289 - MacK v. State (1994)
191 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Glasser v. United States · Batson v. Kentucky · Washington v. Davis · Swain v. State of Alabama · Powers v. Ohio
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 193 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“" 'Although a prima facie case is always rebuttable, the existence of a number of suspicious factors requires a more cogent explanation and rebuttal. Consequently, the burden of production, which shifts to the State once a prima facie case has been presented, increases in proportion to the strength of the defendant's prima facie case. In other words, a "weak prima facie case may be rebutted more readily than a strong one." Gamble v. State , 257 Ga. 325 , 357 S.E.2d 792 , 795 (1987) (emphasis added). " 'In this case, the venire consisted of 52 prospective jurors. The 19 black venire-members comprised 36% of the venire. However, the fact that only one black juror was ultimately seated on the jury meant that blacks comprised only 8% of the trial jury. This fact alone reveals a disparate impact and immediately arouses suspicion of the existence of discriminatory intent. See [ Ex parte Branch , 526 So.2d 609 , 623 (Ala. 1987)]; see also Batson , 476 U.S. at 93 , 106 S.Ct. at 1721 . To be sure, the fact that a larger percentage of black venire-members eventually is seated on a jury raises less suspicion than if a smaller representation is seated and affords less support for a prima facie case of discrimination. See Batson , 476 U.S. at 101 , 106 S.Ct. at 1726 (White, J., concurring) . . .; Note, Batson v. Kentucky and the Prosecutorial Peremptory Challenge: Arbitrary and Capricious Equal Protection, 74 Va. L.Rev. 811, 821-22 (1988). In fact, a large representation might afford the ”
22 later decisions quote this exact passage · from the majoritye.g. Guthrie v. State · Jackson v. State“prosecutor's self-imposed ignorance [should not] preclude a Batson claim.”
11 later decisions quote this exact passage · from the concurrence“"[T]he failure of the State to engage in any meaningful voir dire on a subject of alleged concern is evidence that the explanation is a sham and a pretext for discrimination. [ Ex parte ] Branch , 526 So.2d [609 ,] at 623 [(Ala. 1987)]; see also People v. Wheeler , 22 Cal.3d 258 , 281 , 583 P.2d 748 , 764 , 148 Cal.Rptr. 890 , 905 (1978); Slappy v. State , 503 So.2d 350 , 355 (Fla.Dist.Ct.App. 1987)."”
10 later decisions quote this exact passage · from the concurrencee.g. Jackson v. State · Carroll v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.